The Ninth Circuit Court of Appeals is considering whether California’s longstanding ban on switchblade knives violates the Second Amendment, in a case that could expand constitutional protections beyond firearms.
The lawsuit, Knife Rights, Inc. v. Bonta, challenges California Penal Code sections that prohibit the possession, sale, or transfer of automatic knives with blades two inches or longer.
The plaintiffs, including Knife Rights, Inc. and individual knife owners, argue that the restrictions are unconstitutional under the Supreme Court’s 2022 New York State Rifle & Pistol Association v. Bruen decision.
The case was first filed in March 2023 in the US District Court for the Southern District of California. In August 2024, the district court ruled against the plaintiffs, holding that switchblades are not “arms” under the Second Amendment because they are not commonly used for self-defense and may be considered “dangerous and unusual.” The plaintiffs appealed, arguing the decision misapplied precedent.
In their 2025 brief before the Ninth Circuit, the plaintiffs contended that the district court wrongly imposed a self-defense requirement for Second Amendment protection and failed to recognize that switchblades function much like common folding knives. They also emphasized that switchblade bans originated in the 1950s, well outside the relevant constitutional framing period examined under Bruen.
The Ninth Circuit has now asked for amicus briefs to address two central questions: whether switchblades are “in common use” by law-abiding citizens for lawful purposes, and whether they should be considered “dangerous and unusual.” Legal experts note that these standards, derived from the Supreme Court’s District of Columbia v. Heller ruling, have been pivotal in shaping modern Second Amendment jurisprudence.
The court has also appointed high-profile amici to provide opposing perspectives. Erin Murphy, an appellate attorney with experience in Bruen, has been asked to weigh in, while a lawyer affiliated with Everytown for Gun Safety will present arguments supporting California’s position banning switchblades.
The outcome of the case could clarify whether the Second Amendment extends to non-firearm weapons and determine how strictly states must adhere to the historical tradition test outlined in Bruen. The litigation is a potential precedent-setter for future challenges to state restrictions on knives and other arms.
“……..switchblades are not “arms” under the Second Amendment because they are not commonly used for self-defense and may be considered “dangerous and unusual.”………”
Well, that’s a pretty special type of stupidity. Edged weapons have been “used for self defense” since long before Neanderthals went extinct, and you’d better consider them “dangerous”, because that’s why they’re used as weapons. The fact that they’re spring opening is irrelevant to anything.